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  1. #16
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    Quote Originally Posted by Dear Prudence View Post
    Thanks for this!
    Now I think I see what Stoddard was talking about in the hearing regarding the original charge of cruelty to a child 1st degree being changed to 2nd degree. He said he didn't believe it was downgrading the charge, but rather because of a wording difference.

    So 1st degree cruelty states this:
    (a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized. (from the link Ranch provided http://law.justia.com/codes/georgia/...cle-5/16-5-70/)

    Stoddard said at first they thought cause of death would be from dehydration which would fit with the above of depriving the child of necessary sustenance, (water). When the ME reported the cause of death was hyperthermia, they decided the cause was negligence (leaving Cooper in the car).

    For the criminal negligence that 2nd degree requires, the prosecution can argue that RH had knowledge of the probable consequences of leaving Cooper in the car from the veterinarian video about animals left in a vehicle that he watched twice. As to the willful or wanton disregard to the consequences of such act, I don't know. Is that the same as intent? It sounds like it to me, but not sure.
    BBM

    Willful and wanton sounds like intentional to me. Unless criminal negligence is defined another way. JMO.

  2. #17
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    I certainly hope the judge explains the charges slowly and distinctly to the jurors. Personally I find them confusing.

  3. #18
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    Quote Originally Posted by Ruby View Post
    The thanks button was not enough for tlcya and RANCH

    Thank you both for explaining - it helps me to understand what the charges mean, the issues that are important, and also that I rushed to conclusion on some of my posts.

    So, basically back to the beginning that intent does need to be there - semantics definitely plays a role, and they'll be splitting hairs for sure.
    Premeditation/malice, willful/wanton to the laymen (me) means about the same. In a court of law difference of life and death.

    Have to get back to the details.

    my opinion, etc.,
    I like to understand the charges via the statues because ultimately that's what the jury will have to look at. The judge will instruct them on the law and how it relates to them doing their job. JMO.

  4. #19
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    Quote Originally Posted by tlcya View Post
    exactly. It all seems to end with, while premeditation and malice need not be present, willful and wanton must, which ends up meaning, RH, his thought process, his awareness, his forgetting or not forgetting are all very very important to the outcome of this case.

    so maybe at some point gitana or one of our other verifieds will weigh in on these very subtle (IMO) differences and how they translate into what we may see from each side at trial.
    Another way to look at it is the State gets to charge felony murder,with the resulting penalties, without having to prove premeditation. They only have to prove criminal negligence to the 2nd degree child cruelty charge. Which is "excessive physical or mental pain."

    So if they can prove that JRH "willfully and wantonly" caused "excessive physical or mental pain" on Cooper, they have the 2nd degree child cruelty. JMO.

    http://law.justia.com/codes/georgia/...cle-5/16-5-70/

  5. #20
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    exactly, its a round about way at getting a second, easier to prove bite at the murder apple.
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  6. #21
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    Is there any law applying to JRH and this 16 now seventeen year old girl as far as the sexting that's a felony now, possible sex in the park? Swapping pictures on the internet? Child porn? Any felony charges due to it? (ima sure internet history along with phone records could take quite a while)

    I've been gone. I did read about the age of consent here. tia

  7. #22
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    Quote Originally Posted by tlcya View Post
    exactly, its a round about way at getting a second, easier to prove bite at the murder apple.
    I think that it is an easier way to get to the death penalty and or life in prison in Georgia.

  8. #23
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    Quote Originally Posted by Dr. Know? View Post
    Is there any law applying to JRH and this 16 now seventeen year old girl as far as the sexting that's a felony now, possible sex in the park? Swapping pictures on the internet? Child porn? Any felony charges due to it? (ima sure internet history along with phone records could take quite a while)

    I've been gone. I did read about the age of consent here. tia
    These are the charges he will face.

    "During the probable cause hearing, July 3, Cobb County Police Sgt. Phil Stoddard testified that the department's preliminary investigation had revealed Harris had committed the computer-based crime of sexual exploitation of a minor. When asked if Harris had also committed two misdemeanor violations of illegal contact with a minor, sexually -- Stoddard agreed he had."

    http://www.cnn.com/2014/07/11/justic...toddler-death/

    "Use of an electronic device to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or another person believed by such person to be a child to commit a sexually explicit act. Conviction for this offense is a felony, unless the victim is 14 or 15 years of age and the offender is no more than 3 years older than the victim in which case the crime is a misdemeanor, and carries a fine of up to $25,000 and up to 20 years in prison."

    http://mobilemediaguard.com/states/s...s_georgia.html


    I am a little confused. Is this the same girl twice or two underage girls he had sexual contact with?

    It also says he will have to register as a sex offender.
    All posts are MOO. Sent via Insignia Flex Tablet.
    ~ my opinion only

  9. #24
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    Quote Originally Posted by Dr. Know? View Post
    Is there any law applying to JRH and this 16 now seventeen year old girl as far as the sexting that's a felony now, possible sex in the park? Swapping pictures on the internet? Child porn? Any felony charges due to it? (ima sure internet history along with phone records could take quite a while)

    I've been gone. I did read about the age of consent here. tia
    There where some posts this morning on another thread about the age of consent for sex vs the legal age for sexting. I'm not sure if I ever saw any links to support what was posted though. I saw post's say that it's 16 for consent for sex in Georgia while Federal law says 18 for sexting.

    Don't know if that's accurate or not. MOO.

  10. #25
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    Quote Originally Posted by RANCH View Post
    There where some posts this morning on another thread about the age of consent for sex vs the legal age for sexting. I'm not sure if I ever saw any links to support what was posted though. I saw post's say that it's 16 for consent for sex in Georgia while Federal law says 18 for sexting.

    Don't know if that's accurate or not. MOO.
    "Sexting" involving sending pictures with nudity, is not just sexting. If the person is under 18, you now have possible child pornography charges. The legal consent age for sex and the age for pornography are different. 18 is the federal age for legally distributing pornography.

    ETA: I mean distributing, as in sending and receiving nude photos.
    Last edited by blue22; 07-12-2014 at 11:27 PM.


  11. #26
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    Quote Originally Posted by tlcya View Post
    exactly. It all seems to end with, while premeditation and malice need not be present, willful and wanton must, which ends up meaning, RH, his thought process, his awareness, his forgetting or not forgetting are all very very important to the outcome of this case.

    so maybe at some point gitana or one of our other verifieds will weigh in on these very subtle (IMO) differences and how they translate into what we may see from each side at trial.
    This post sums it up for me the best - the BBM part is probably the priority to prove/disprove, but probably the hardest to prove/disprove.

    IDK - will be very interesting to say the least.

    my opinion etc.,

  12. #27
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    If he is indicted, I will not be missing this trial. It will be very interesting to observe just for the legal arguments sake alone.
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  13. #28
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    If there is just so much evidence showing this was premeditated, why is the prosecution taking the "easy" way?

  14. #29
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    More power to the jurors to play God in judging this sentence if that is the law. I couldn't and wouldn't do it. Not my job man.

    That's when you know, it's not your job. jmo

  15. #30
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    Quote Originally Posted by eileenhawkeye View Post
    If there is just so much evidence showing this was premeditated, why is the prosecution taking the "easy" way?
    They have evidence, but not all of it. They have until trial to up the charges. I don't think it's the easy way, but right now it's pretty smart. Have the charges serious enough and have evidence enough to keep him in jail, while you gather a complete case.

    I think Casey Anthony changed how parents are charged now. If they had tried her on lesser charges or included them, would she be free? I think you can always find a sympathetic person for a parent on a jury and that's very, very scary.

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